QINSURANCE COMPANY DID NOT ACCEPT LIABILITY!!!?

I was in an accident , the other vehicle was totally guilty . I called his insurance company ( Risk Services North America ) and were told that because the driver was not on the insurance policy shall not be responsible and will not pay a penny for my vehicle destroyed.

The company is headquartered in Florida , the accident took place in New York , I am a resident of New Jersey ....

I talked to a lawyer who said I should write to the insurance company by threatening to inform the Insurance Department of the State of New York .

Anyone want to help with some advice if you've been through this before , or know the laws ....